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HomeMy WebLinkAbout09-30-2026 Project Specific Maintenance Agreement with Caltrans30th September 26 Docusign Envelope ID: 30C4841 D-398F-8B5C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SL0-1-L 16.7 /17.97 City of San Luis Obispo lighting, trash enclosures, street trees, tree wells, planters, planter boxes, landscaping, and irrigation. C.Drainage Facilities -Systems or structures designed to manage and direct the flow of water, typically to prevent flooding or waterlogging. Drainage Facilities include a variety of infrastructure components, such as: stormwater drains, sewers, ditches and channels, catch basins, retention or detention ponds, and culverts, inlets and outlets. D.Landscaped Areas -These areas include hardscaping, planting, vegetation, and related landscaping improvements. E.Walls, Retaining Walls, Columns, and Soundwalls -These improvements include structural components of embankments and noise reduction structures constructed within ST ATE ROW. 4.Definitions of SHS facilities components. A.Bikeway Class I -Provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. B.Bikeway Class II -Provides a restricted right-of-way designated for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted. C.Bikeway Class Ill -Provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. D.Bikeway Class IV-Promotes active transportation and provides a right­ of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. E.Bridge Rails and Posts -Portions of a Bridge attached to the bridge deck and deck surface. F.Crosswalk -Designated locations for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops. G.Deck Surface (Wearing Surface) - The surface of a bridge deck for vehicular traffic over the SHS (e.g., roadway surface). H.Deck-The structural component of a Bridge that supports and is below the Deck Surface (Wearing Surface) and above the Superstructure. I.Lighting-Electrical lamps and light posts installed within STATE ROW. J.Pedestrian Paths -A path or walkway, other than a sidewalk, that is owned by the City, County, or another public entity and is specifically 2 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo designed for pedestrian travel. The path is usually constructed of concrete, pavers, brick, stone, or asphalt, and it is designed for pedestrian use. K.Sidewalk-A paved path along the side of a road. L.Signage-Signs installed or approved by STATE. M.Street Furniture -Refers to various elements and structures placed along roadways (e.g., benches, trash bins, bicycle racks, lighting, bus stops/bus shelters, signage) to enhance pedestrian experience, improve safety, and contribute to the overall functionality and aesthetic of the street. These elements are designed to support active transportation, such as walking and cycling, while making the public space more comfortable and inviting for people. N.Structural/Roadway Drainage Facilities -Any facility that provides drainage to any location, including, but not limited to, culverts, wing walls, drains, drain inlets, gutters, curbs, and inlet grates. 0.Substructure -Structural components of a Bridge that support the Superstructure and distribute the load to bridge footings and foundations. P.Superstructure -Structural portions of a Bridge supported by bridge columns/piers which are located below the Deck. OPERATIVE PROVISIONS 1.Maintenance Standards. PARTIES shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations, and STATE standards, including STATE'S Maintenance Manual, Code of Safe Operating Practices, policies, procedures, and specifications in effect and as amended. "Maintain" or "Maintenance" under this AGREEMENT includes routine inspections, repairs, cleaning, and State approved replacements. 2.Maintenance Service Schedule. Upon approval of the necessary Encroachment Permit to perform maintenance, LOCAL AGENCY shall provide STATE's District Area Maintenance Superintendent, as shown in Exhibit C, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. LOCAL AGENCY shall notify the STATE of the frequency of its maintenance services. Maintenance services shall be performed between the hours indicated on the Encroachment Permit or otherwise authorized by STATE and may be performed on weekends and holidays if necessary. 3 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo 3.Revising Exhibits. When another planned future improvement has been constructed and/or a revision to SHS facilities has been affected within the limits of the improvement covered by this AGREEMENT, PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages to the Exhibits that must be signed by authorized representatives of PARTIES. No formal amendment to the body of this AGREEMENT will be necessary. The revised exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT. 4.Amendment to Agreement. Except as provided in the preceding section concerning Exhibit amendments, the terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES. 5.Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY's jurisdictional limits. If the successor city or municipality fails to enter into a new agreement with ST ATE to accept the obligations of the LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound to STATE by the terms of this AGREEMENT. 6.Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install any encroachment or perform any maintenance or work in the areas covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an encroachment permit(s) from the STATE's District 5 Encroachment Permit Office as per STATE's EP policy. An encroachment permit issued by the STATE will be at no cost to LOCAL AGENCY. 1.the improved or unimproved roadway section(s) with STATE's prior written approval. 7.Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY's sole cost and expense, shall remove all graffiti from Undercrossing(s). LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, painting, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE's Maintenance Manual, Volume 1, Chapter, D1 .0 8.Complete Streets Features and/or Enhancements. A.The list of elements including, but not limited to, those provided in Exhibit A, were added to the SHS as part of a Complete Streets Project. PARTIES shall be responsible for the maintenance of each of the elements of the Complete Streets Features and/or 4 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo Enhancements as identified in Exhibit A and shall perform routine structural inspections, maintenance, repair and replace or complete other improvements necessary to ensure the respective features retain their integrity for the safety of the public using these features and travelers using STATE ROW. B.The PARTY identified as responsible in Exhibit A for the respective bikeway shall provide a safe facility for bicycle and pedestrian travel along the entire length of the said bikeway by providing sweeping and debris removal, when necessary, as deemed by STATE. C.The PARTY identified as responsible in Exhibit A shall maintain all signing and striping, electrical facilities (solar or otherwise), and pavement markings required for the direction and operation of that non-motorized facility. D.LOCAL AGENCY shall maintain green painted pavement markings within STATE's right of way, as shown on Exhibit A. LOCAL AGENCY is responsible for the replacement of green pavement markings when pavement preservation measures are made by ST ATE. 9.Unsheltered Encampments. STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown in Exhibit A, subject to STATE's Maintenance Policy Directive 1001 Rl, as amended, and applicable State and Federal law. Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A. l 0. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY's sole cost and expense, shall remove all graffiti from areas identified in Exhibit A. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, painting, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE's Maintenance Manual, Volume l, Chapter, Dl .07. 11.Landscaped Areas. LOCAL AGENCY is responsible for the maintenance of any plantings or other types of roadside improvements installed by LOCAL AGENCY as permitted encroachments lying inside of STATE ROW as shown in Exhibit A. LOCAL AGENCY agrees to do the following: 5 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo A.To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. B.To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. C.To expeditiously maintain, replace, repair or remove from service any components of landscaping that has become unsafe or unsightly. D.To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by LOCAL AGENCY. E.To maintain, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. F.To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA 17) to the STATE to: District 5 Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401. G.To repair or replace any STATE facilities damaged or disturbed by CITY maintained Landscaping. H.To remove Landscaping and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 12.Legal Relations and Responsibilities. A.No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY's legal liability by imposing any standard of care for the operation and maintenance of STATE highways and 6 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo LOCAL AGENCY facilities different from the standard of care imposed by law. B.Indemnification. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the fullest extent permitted by law, STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the fullest extent permitted by law, LOCAL AGENCY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT. C.Prevailing Wages and Labor Code Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implement regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY's work under this AGREEMENT. D.Insurance. LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State's Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE's execution of this AGREEMENT. 7 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo 13.Default. If LOCAL AGENCY fails to perform obligations assumed under this AGREEMENT, STATE may by written notice request that the default be remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses to do so, STATE may complete the obligations and seek reimbursement from the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar days. 14.Complete Agreement. This AGREEMENT, along with any attachments, is the full and complete integration of the PARTIES' agreement with respect to the maintenance of the locations identified in Exhibit A. This AGREEMENT supersedes any previous written or oral agreements between the PARTIES with respect to the locations identified in Exhibit A. Unless otherwise stated, to the extent there is any conflict between this AGREEMENT and any other agreement (written or oral) regarding maintenance of the area identified in Exhibit A, the terms of this AGREEMENT shall control. 15.Severability. The unenforceability, invalidity, or illegality of any provision(s) of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal. 16.Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not constitute a waiver of the same or any other portion hereof. 17.Governing Law. This AGREEMENT shall be governed by and interpreted in accordance with California law. 18.Notice. If either PARTY shall desire or is required to give notice to the other, such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case, notice is effective upon delivery; (b)overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender's account, in which case, notice is effective when delivered; (c)priority U.S. Mail, in which case, notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. 19.Cost. Any PARTY who is assigned obligation under this AGREEMENT shall complete them at their own costs, unless expressly stated otherwise in this AGREEMENT. 8 Docusign Envelope ID: 30C4841 D-398F-885C-8088-B258D84DA6A0 May 4, 2026 Tr #05-6-HB23 SLO-1-L 16.7 /17.97 City of San Luis Obispo 20.Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. The STATE may terminate this AGREEMENT, should the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at the time and in the manner provided herein. 21.Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY's authorized representative has executed this AGREEMENT. 22.Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. A true and correct copy of the local resolution or ordinance has been provided to the ST ATE. 23.Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT. 9 Docusign Envelope ID: 30C4841 D-398F-8B5C-8088-B258D84DA6A0 THE CITY OF SAN LUIS OBISPO r-:-DocuSigned by: By: -�-=�=A=59""'90""'Bt=<B"'-"C9""'�""'46c,..4 ��----­Mayor Initiated and Approved By: [�-�M,l CITY Manager ATTEST: 0DocuSigned by: By:L:::::� CITY Clerk CITY Attorney May 4, 2026 Tr #05-6-HB23 SL0-1-L 16.7 /17.97 City of San Luis Obispo STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BY}1a,u,n, t,� Deputy District Director Maintenance District 5 10 JOINT POWERSAUTHORITY (JPA) CaliforniaJoint Powers Insurance Authority (CJPIA)8081 Moody St.La Palma, CA 90623 CONTACT NAME:Chris Gray, Insurance Programs Manager PHONE:(562) 467-8783 JPAMEMBER (CoveredParty) City of San Luis Obispo LIABILITY: BODILY INJURY PROPERTY DAMAGE PERSONAL INJURY ERRORS & OMISSIONS BROADCAST/PUBLICATION EMPLOYMENT PRACTICES SEXUAL ABUSE & MOLESTATION JOINT POWERS AUTHORITY (JPA) California Joint Powers Insurance Authority (CJPIA) 8081 Moody St. La Palma, CA 90623 CONTACT NAME: Chris Gray, Insurance Programs Manager PHONE: (562) 467-8783 CONDITIONS OF ADDITIONAL PROTECTED PARTY (ADDITIONAL INSURED ENDORSEMENT) When required by a written agreement, the California Joint Powers Insurance Authority agrees to include the Evidence Holder as an Additional Protected Party under the Memorandum of Coverage Liability Program, subject to the above-stated limits, but only for Occurrences caused by the activity described in the written agreement between the Member and Evidence Holder for the date(s) and time(s) specified in the written agreement. If required by the written agreement, coverage shall be primary and non-contributory, and/or subrogation is waived. COVERAGE WILL NOT BE BROADER THAN WHAT THE MEMBER IS REQUIRED TO PROVIDE BY WRITTEN CONTRACT OR AGREEMENT, FOR HIGHER LIMITS THAN REQUIRED, OR BROADER THAN THE COVERAGE PROVIDED UNDER THE MEMORANDA OF COVERAGE.